Section 36, 37 of Income Tax Act, 1961— This is an appeal filed by the assessee against the order of CIT(A).

In ground No. 1, the assessee has challenged the confirmation of addition of Rs. 51,618/- towards interest on bank fixed deposits.

Held that— it is so claimed by the assessee that the interest though initially accrued at the regular intervals by the bank and corresponding TDS has been done which got reflected in Form 26AS, however, given that there was premature withdrawals of fixed deposits, the assessee bank has actually received lower interest than what has been reflected in Form 26AS and therefore, the interest actually received was rightly offered to tax and the remaining interest so reflected in Form 26AS since not received at first place has not been offered to tax and thus, the action of the Assessing officer is not correct.

We find that the assessee has failed to adduce any evidence in support of its contention that it has received lower interest income than what has been reflected in Form 26AS. Further, nothing has been brought on record to suggest that the Form 26AS has been subsequently modified/amended to reflect the actual interest payment to the assessee. In the result, the ground so taken is dismissed.

In Ground No. 2, assessee has challenged the confirmation of disallowance of ESI/EPF contributions of Rs. 115,849/- u/s 36(1)(va) of the Act.

Held that— In this regard, undisputed facts are that these contributions were deposited before the due date of filing of the return of income u/s 139(1) of the Act.

The matter is decided in favour of the assessee and against the Revenue. In the result, the ground of appeal is allowed.[M/S JAIPUR STOCK SECURITIES LTD. VERSUS THE ACIT, CIRCLE-06, JAIPUR][2019] 16 ITCD Online (41) [ITAT JAIPUR]